Inside the Star

The Take: On niqab and the law

Like the hijab , its more liberal cousin, the niqab arouses controversy at every turn in modern democratic states, especially when it jars cherished institutions such as Parliament, the courts, or schools.

The niqab, a face veil that covers everything but a woman's eyes, has become an issue in voting during elections and in courtrooms.

By:Iain Marlow Published on Tue Feb 03 2009

Note: This article contains incorrect information from one of the sources indicating that Canadians who vote by mail are not required to show identification. In fact, according to Elections Canada, Canadians who wish to vote by mail must first register and their registration must be accompanied by a photocopy of proof of identity as prescribed by the Chief Electoral Officer.

Like the hijab , its more liberal cousin, the niqab arouses controversy at every turn in modern democratic states &ndash; especially when it jars cherished institutions such as Parliament, the courts, or schools.

In Toronto, in a case currently before the courts, a judge has ordered a woman testifying in a sexual assault case to do so without her niqab.

She protested, saying it was an issue of modesty and comfort &ndash; of Islam.

But Ontario Court Justice Norris Weisman ruled that it was more an issue of comfort than religious freedom, and that she must show her face.

THE REALIST

Saira ZuberiToronto-based minority rights activist

"It's like the case in the election (with voters having to unveil).

"I don't think it's a huge number of people who are asking for this."

THE PRAGMATIST

Shahina SiddiquiPresident of the Islamic Social Services Association

THE ETHICIST

Alia HogbenExecutive director of the Canadian Council of Muslim Women

"It is not a religious requirement to cover your face. That's put very simply. Some women do this because they think it's more modest.

"It's about modesty for both women and men – don't flaunt yourself, dress modestly, etc.

"The judge sounds like he carefully considered it all and felt that it was important that her face be seen in court.

OTHER CASES

In Canada, without any veiled Muslim woman contesting election regulations, theniqab became an issue in 2007 among politicians, election officials and the media.

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